Government publishes guidance on The Agency Workers Regulations 2010

From 1^st October 2011 agency workers, or 'temps' as they are more commonly known, will acquire enhanced rights when the Agency Workers Regulations 2010 (the Regulations) are finally implemented. 

Day 1 rights

Under the Regulations, agency workers will acquire certain rights from day 1 of their assignment including access to facilities and information relating to vacancies.

In relation to facilities, agency workers must be provided with access to the hirer’s collective facilities and amenities (such as a canteen, creche, etc).  An agency worker will also have the right to be provided with information about relevant job vacancies with the hirer that would be available to comparable employees or workers. 

Same basic working conditions

Potentially of more significance to employers, provided certain conditions are met, agency workers will acquire the right under the Regulations to the same basic working and employment conditions (such as basic pay, annual leave, overtime, etc) as they would have been entitled to had they been recruited directly by the hirer.  

In order to obtain this right, however, an agency worker must complete a 12 week qualifying period in the same job with the same hirer. In order to qualify as an “agency worker”, the individual must be under contract with an agency, they must be temporarily supplied to the hirer by the agency and when working on assignment that person must be under the supervision and direction of the hirer.  

The Regulations are not retrospective.  The 12 week qualifying period will, therefore, start from 1^st October 2011 for those agency workers who have already commenced assignments with hirers.  Strict anti-avoidance provisions apply and it is not possible to contract out of the Regulations. 

Employers hiring temporary agency workers through a temporary work agency will need to provide the agency with up-to-date information on pay and basic working conditions so that the agency can ensure the agency worker receives equal treatment if, and when, the 12 week qualifying period has been completed.  

On 6^th May 2011 the Government published a final version of its Guidance document, the aim of which is to help hirers of agency workers and temporary work agencies to understand the Regulations, its implications and their responsibilities under it. 

The Government’s Guidance can be downloaded HERE.

For further information please contact Lynne Woodhead on 01604 233233 or please send an email to lynnewoodhead@hewitsons.com